[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16786-16789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08062]



[[Page 16786]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0617; FRL-9992-54-Region 4]


Air Plan Approval; GA: Non-Interference Demonstration and 
Maintenance Plan Revision for Federal Low-Reid Vapor Pressure 
Requirement in the Atlanta Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision that supports a change to the 
Federal Reid Vapor Pressure (RVP) requirements in 13 counties in 
Atlanta, Georgia. They comprise the following counties: Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Henry, Paulding, and Rockdale (Atlanta fuel volatility Area). 
The Atlanta fuel volatility Area is a subset of the Atlanta 15-county 
2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone 
maintenance area is comprised of the following counties: Bartow, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (Atlanta 
maintenance Area). This approval is based in part on EPA's analysis of 
whether the SIP revision would interfere with the Atlanta maintenance 
Area's ability to meet the requirements of the Clean Air Act (CAA or 
Act). On August 15, 2018, Georgia, through the Georgia Environmental 
Protection Division (GA EPD), submitted a noninterference demonstration 
to support its SIP revision requesting that EPA relax the Federal RVP 
requirements for the Atlanta fuel volatility Area. This SIP revision 
updates Georgia's 2008 8-hour ozone maintenance plan for the Atlanta 
maintenance Area and its emissions inventory, the associated motor 
vehicle emissions budgets (MVEBs), and includes measures to offset the 
emissions increases expected from the relaxation of the Federal RVP 
requirements. Georgia's noninterference demonstration concludes that 
relaxing the Federal RVP requirement from 7.8 pounds per square inch 
(psi) to 9.0 psi for gasoline sold between June 1 and September 15 of 
each year in the Atlanta fuel volatility Area would not interfere with 
attainment or maintenance of any national ambient air quality standards 
(NAAQS or standards) or with any other CAA requirement. EPA is 
approving this SIP revision because EPA has determined that the 
revision is consistent with the applicable provisions of the CAA. EPA 
will also initiate a separate rulemaking to relax the current Federal 
requirement to use gasoline that complies with the Federal RVP limit 
from 7.8 psi to 9.0 psi in the Atlanta fuel volatility Area.

DATES: This rule will be effective May 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0617. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if possible, you contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Ms. Myers can be reached via telephone at (404) 562-9207 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background for this action?

    On November 6, 1991 (56 FR 56694), EPA designated and classified 
the following counties in and around the Atlanta, Georgia metropolitan 
area as a Serious ozone nonattainment area for the 1-hour ozone NAAQS: 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Paulding, and Rockdale. This 13-county 1-hour 
ozone area is the ``Atlanta fuel volatility Area.'' The nonattainment 
designation triggered various requirements for the Atlanta 1-hour ozone 
nonattainment area. One of those requirements for the 1-hour ozone 
nonattainment area was the Federal 7.8 psi RVP limit for gasoline sold 
between June 1 and September 15, which is the subject of this action.
    EPA issued a final rulemaking action on September 26, 2003, to 
reclassify or ``bump up,'' the area to a Severe ozone nonattainment 
area. This reclassification became effective on January 1, 2004 (68 FR 
55469). EPA redesignated the Atlanta 1-hour ozone area to attainment, 
effective June 14, 2005 (70 FR 34660).
    On April 30, 2004 (69 FR 23858), EPA designated the following 20 
counties in and around metropolitan Atlanta as a Marginal nonattainment 
area for the 1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, 
and Walton. The Atlanta fuel volatility Area is a sub-set of this 20-
county area. Subsequently, EPA reclassified the Atlanta 1997 8-hour 
ozone nonattainment area as a Moderate nonattainment area on March 6, 
2008 (73 FR 12013), because the area failed to attain the 1997 8-hour 
ozone NAAQS by the required attainment date of June 15, 2007. On 
December 2, 2013 (78 FR 72040), EPA redesignated the area to attainment 
for the 1997 8-hour ozone NAAQS.
    Effective July 20, 2012, EPA designated the following 15-counties 
Marginal nonattainment for the 2008 8-hour ozone NAAQS: Bartow, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.\1\ (77 FR 
30088, May 21, 2012, and 77 FR 34221, June 11, 2012). As mentioned 
before, the Atlanta fuel volatility Area is sub-set of this 15-county 
area. The 15-county Atlanta 2008 8-hour ozone nonattainment area did 
not attain the 2008 8-hour ozone NAAQS by the attainment date of July 
20, 2015, and therefore on May 4, 2016 (81 FR 26697), EPA published a 
final rule reclassifying the area from a Marginal nonattainment area to 
a Moderate nonattainment area for the 2008 8-hour ozone standard. 
Moderate areas were required to attain the 2008 8-hour ozone NAAQS no 
later than July

[[Page 16787]]

20, 2018, which is six years after the effective date of the initial 
nonattainment designations. See 40 CFR 51.1103.
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    \1\ In the proposed rule published on February 12, 2019 (84 FR 
3358) on page 3360 Newton was inadvertently left off the list of the 
15-counties in the Marginal 2008 8-hour ozone nonattainment area.
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    On July 14, 2016 (81 FR 45419), EPA determined that the Atlanta 
2008 8-hour ozone nonattainment area attained the 2008 8-hour ozone 
NAAQS based on complete, quality-assured, and certified ozone 
monitoring data for years 2013 through 2015. On July 18, 2016, Georgia 
submitted a 2008 8-hour ozone redesignation request and maintenance 
plan for the area (hereafter the ``Atlanta maintenance Area''), which 
EPA approved on June 2, 2017 (82 FR 25523).
    On October 1, 2015 (80 FR 65292), EPA revised the 8-hour ozone 
standard from 0.075 ppm to 0.070 ppm. Subsequently, on June 4, 2018 (83 
FR 25776), EPA published a final rule (effective August 3, 2018) 
designating the following 7 Atlanta counties Marginal nonattainment for 
the 2015 8-hour ozone NAAQS: Bartow, Clayton, Cobb, DeKalb, Fulton, 
Gwinnett and Henry. Areas designated Marginal nonattainment must attain 
the standard by August 3, 2021.
    On August 15, 2018, Georgia submitted a SIP revision to the 2008 8-
hour ozone maintenance plan with a CAA section 110(l) noninterference 
demonstration to support the State's request that EPA relax the Federal 
RVP requirement from 7.8 psi to 9.0 psi for gasoline sold between June 
1 and September 15 of each year (high ozone season) in the Atlanta 
maintenance Area, which encompasses the smaller Atlanta fuel volatility 
Area, and the 7-county 2015 8-hour ozone nonattainment area. The 
demonstration concluded that relaxing the RVP requirement within the 
Atlanta fuel volatility Area will not interfere with the maintenance or 
attainment of the NAAQS or with reasonable further progress toward 
attainment.\2\
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    \2\ While this final rule focuses on ozone, which is the 
pollutant most likely to be impacted by the proposed revision, the 
demonstration provided information that the relaxation would have 
little to no impact on particulate matter (PM), sulfur dioxide 
(SO2), nitrogen dioxide (NO2), carbon monoxide 
(CO), lead (Pb), and related precursors.
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    The demonstration included an evaluation of the impact that the 
relaxation of the 7.8 psi RVP requirement would have on Atlanta's 
ability to maintain the 1997 and 2008 ozone standards. It also 
evaluates whether the relaxation of the Federal RVP requirement would 
interfere with the ability of the 7-county 2015 8-hour ozone 
nonattainment area to attain the ozone standard by August 3, 2021, 
which is the attainment date for areas classified as Marginal, or with 
any of the other applicable NAAQS. Although the attainment date is 
August 3, 2021, Marginal areas must show attainment using air quality 
data for years 2018 through 2020. Based on modeling data from EPA's 
Cross State Air Pollution Rule, the entire State of Georgia is showing 
attainment for the 2015 8-hour ozone NAAQS through 2023.\3\
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    \3\ See the Peter Tsirigotis Memorandum dated October 19, 2018, 
entitled ``Considerations for Identifying Maintenance Receptors for 
Use in Clean Air Act Section 110(a)(2)(D)(i)(I) Interstate Transport 
State Implementation Plan Submissions for the 2015 Ozone National 
Ambient Air Quality Standards.'' See also https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
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    The demonstration also included two offset measures--school bus 
replacements and rail locomotive conversions--to obtain the necessary 
emissions reductions from the small increases in nitrogen oxides 
(NOX) and volatile organic compounds (VOC) emissions at the 
9.0 psi RVP level. This RVP relaxation will not worsen air quality 
because Georgia's offsets provided compensating, equivalent emissions 
reductions to negate the increases in emissions from NOX and 
VOC.
    Georgia replaced five old school buses (built in 2000-2003) in 
Paulding County with five 2017 school buses. Also, forty old school 
buses (built in 1999-2003) in Fulton County were replaced with forty 
2017 school buses. The locomotive conversion program consists of two 
components: (1) The conversion of three older traditional switcher 
locomotives into newly-available low emissions engine technology from 
Norfolk Southern Railway, Inc., and (2) Norfolk Southern Railway, 
Inc.'s conversion of two switchers into ``slugs'' which are driven by 
electrical motors whose electricity is received from companion 
``mother'' locomotives.
    The amount of NOX reductions obtained from the school 
bus replacements and locomotive conversions were more than what is 
needed to compensate for the small amount of NOX and VOC 
increases associated with relaxing the Federal gasoline RVP limit from 
7.8 psi to 9.0 psi. The SIP revision also included an update to the 
mobile emissions inventory and associated 2030 MVEBs due to the 
relaxation. The on-road emissions inventory and safety margin 
allocation for the year 2030 were updated but the MVEB totals 
themselves remained unchanged. See Table 1 below.
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    \4\ The 2014 on-road emissions and MVEBs in this chart are shown 
for illustration purposes because no changes were made to the 2014 
attainment year emissions inventory due to the relaxation.
    \5\ The safety margin is the difference between the attainment 
level of emissions (from all sources) and the projected level of 
emissions (from all sources) in the maintenance plan. The 
transportation conformity rule provides for establishing safety 
margins for use in transportation conformity determinations. See 40 
CFR 93.124(a).

             Table 1--Updated MVEBs for the 15-County Atlanta Maintenance Area in Tons per Day (tpd)
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                                                             2014 \4\                          2030
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                                                        NOX             VOC             NOX             VOC
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On-Road Emissions...............................          170.15           81.76           39.63           36.01
Safety Margin Allocation \5\....................  ..............  ..............           18.37           15.99
MVEBs with Safety Margin........................          170.15           81.76              58              52
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    In a notice of proposed rulemaking (NPRM) published on February 12, 
2019 (84 FR 3358), EPA proposed to approve the August 15, 2018, SIP 
revision. The details of Georgia's submittal and the rationale for 
EPA's actions are explained in the NPRM.

II. Response to Comments

    EPA received one comment from the Society of Independent Gasoline 
Marketers of America (SIGMA).
    Comment: SIGMA expressed support for the approval of the SIP 
revision while also expressing concerns over the compliance date for 
the future rulemaking that would relax the Federal RVP standard for 
gasoline from 7.8 psi to 9.0 psi in the 13-county Area. Specifically, 
SIGMA stated that a compliance date that is either too close to the 
start or in the middle of the 2019 summer fuel season would inject

[[Page 16788]]

significant disruption into the fuel marketplace.
    Response: SIGMA's comment on the compliance date for the future RVP 
relaxation rulemaking is outside of the scope of the approval of this 
SIP revision, which updates Georgia's 2008 8-hour ozone maintenance 
plan for the Atlanta maintenance Area and adds measures to offset 
emissions increases expected from the relaxation of the Federal RVP 
standard. As explained at proposal, EPA intends to engage in a notice 
and comment rulemaking that would relax the Federal RVP standard in the 
13-county area from 7.8 psi to 9.0 psi (84 FR 3358). SIGMA is 
encouraged to submit this comment when EPA proposes any such rule.

III. Final Action

    EPA is taking final action to approve Georgia's August 15, 2019, 
SIP revision, including the section 110(l) noninterference 
demonstration supporting the change of 7.8 psi to 9.0 psi RVP 
requirements in the Atlanta fuel volatility Area, which is a subset of 
the Atlanta maintenance Area. The SIP revision updates Georgia's 2008 
8-hour ozone maintenance plan for the Atlanta maintenance Area, its 
emissions inventory, the MVEBs, and it includes measures to offset the 
emissions increases expected from the relaxation of the Federal RVP 
requirements. Georgia's noninterference demonstration concludes that 
relaxing the Federal RVP requirement from 7.8 psi to 9.0 psi for 
gasoline sold between June 1 and September 15 of each year in the 
Atlanta fuel volatility Area would not interfere with attainment or 
maintenance of any NAAQS or with any other CAA requirement. EPA is 
approving this SIP revision because EPA has determined that the 
revision is consistent with the CAA.
    Through this action, EPA is not removing the Federal 7.8 psi RVP 
requirement for the Atlanta fuel volatility Area. Any such action would 
occur in a separate rulemaking.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. This action merely approves 
state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 24, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.

    Title 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(e), is amended by adding an entry for ``Non-
Interference Demonstration and Maintenance Plan Revision for Federal 
Low-Reid Vapor Pressure Requirement in the Atlanta Area'' at the end of 
the table to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

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                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                       Applicable       State submittal
   Name of non-regulatory SIP        geographic or      date/ effective   EPA approval date       Explanation
            provision              nonattainment area        date
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                                                  * * * * * * *
Non-Interference Demonstration    Cherokee, Clayton,          8/15/2018  4/23/2019, [Insert
 and Maintenance Plan Revision     Cobb, Coweta,                          Federal Register
 for Federal Low-Reid Vapor        DeKalb, Douglas,                       citation].
 Pressure Requirement in the       Fayette, Forsyth,
 Atlanta Area.                     Fulton, Gwinnett,
                                   Henry, Paulding,
                                   and Rockdale
                                   counties.
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[FR Doc. 2019-08062 Filed 4-22-19; 8:45 am]
BILLING CODE 6560-50-P